Hawaii Restaurant Issued Cease and Desist Order

The Hawaii State Department of Health (DOH) Wastewater Branch has issued a Notice of Violation, Permit Suspension and Order to the Haleiwa Beach House Restaurant because its wastewater system is causing “an imminent threat to public health” by spilling wastewater onto a neighboring property used by children for educational purposes.

Stuart Yamada, Environmental Management Division administrator said in a statement, “to protect public health and the environment and prevent the contamination of neighboring properties caused by the overloading of the restaurant’s wastewater system, the department is ordering the Haleiwa Beach House to cease operation.” The restaurant expanded without state and county approvals, so their system can’t handle the expanded capacity of the restaurant.

The wastewater system of the restaurant can currently handle 114 people, but the restaurant has increased its seating capacity, without authorization, to serve up to 388 people. Building permit applications require review and approval of plans for wastewater systems by the DOH Wastewater Branch, to protect public health and the environment from wastewater spills.

The restaurant was inspected on May 3, 2016, when the city found the establishment was operating with a seat capacity that exceed their wastewater system capacity. The business was cited and asked to submit a plan of correction. During follow-up inspections on May 16 to the 19th, testing confirmed wastewater was spilling from the restaurant’s system into a neighboring property close to a fish pond, frequently visited by schoolchildren.

The DOH Wastewater Branch will keep working with the business to develop a plan of correction. The suspension of the restaurant’s food permit will remain in effect until the restaurant complies.